Industrial Relations Commission of New South Wales CITATION: Animal Food Makers (State) Award [2008] NSWIRComm 1092 APPLICANT National Union of Workers, New South Wales Branch PARTIES: RESPONDENTS Australian Industry Group, NSW Branch Australian Business Industrial Australian Federation of Employers & Industries NSW Flour Millers Council FILE NUMBER(S): 1804 of 2008 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - State Wage Case 2008 - section 17 - increases to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 07/10/08 DATE OF JUDGMENT: 7 October 2008 APPLICANT Mr N Richthofen National Union of Workers, New South Wales LEGAL REPRESENTATIVES: RESPONDENTS Mr A Doyle Australian Federation of Employers and Industries Mr A Moulton Australian Business Industrial DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 7 October, 2008. Matter No IRC 1804 of 2008 Animal Food Makers (State) Award Application by The National Union of Workers, New South Wales Branch for variation re State Wage Case 2008 DECISION [2008] NSWIRComm 1092 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 23 September 2008 by The National Union of Workers, New South Wales Branch ("the Union") for variation of an award pursuant to the State Wage Case Decision 2008. 2 The matter was listed for a Consent Hearing on 7 October 2008. The following appearances were entered: Mr N Richthofen - the Union Mr A Doyle - Australian Federation of Employers and Industries Mr A Moulton - Australian Business Industrial 3 Mr Richthofen addressed the Commission on the Union's Application to vary the Animal Food Makers (State) Award ("the Award"). The Application sought to vary the Award so as to increase wages and various allowances pursuant to the State Wage Case 2008. 4 Mr Richthofen amended the Application as to Table 4 - Other Rates and Allowances and inserted a new item (Item 3) as to operative date. The Amended Application contained the Union's commitment to absorption of increases should the Commission grant the Union's Amended Application. 5 The various employer organisations consented to the Amended Application. 6 The Commission hereby confirms the Ex Tempore Determination made in this matter on 7 October 2008 and the Award is accordingly varied. 7 The variation to the Award will take effect from the first full pay period commencing on or after 11 October 2008. A Macdonald Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.